Encroachment Agreement Fence

As a rule, the owner of the penetrating structure undertakes to maintain it and keep the neighbor unharmed for any damage that the intervention could cause. He or she remains responsible for the maintenance of the penetrating structure. These agreements often provide that if the improvement deteriorates and needs to be replaced, the future structure must not penetrate. Not all interventions need to cause a lot of suffering. A few that probably don`t have a big influence on title insurance or resale value are things like fences, gardens, etc. It could even be something as simple as a shrub or tree that has grown beyond the boundary of the land. My neighbor has had a garden on the edge of our property for years, but things like flowers and vegetables often gather people instead of causing a problem. Does the fence line determine the boundary of the land or the survey or not? Written agreement. Finally, the written agreements on borders are the strongest argument in favour of the correct and undisputed position of the border. Gulf Oil Corp.

v. Marathon Oil Co., 152 s.W.2d to 721. A written agreement between Ted and Barney would have resolved this dispute over the property line. As already stated, there are risks and liability when works occur on neighbouring land (or rights of way, easements, etc.). If a person buying a home sees an intervention agreement registered on the title, important due diligence includes reading that agreement to make sure they understand the terms. While we rarely see parties requesting the elimination of an intervention, the delay that allows it endangers the buyer.

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Jenny Smith